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Home My WebLink AboutMS 444; WORTHING, BROOKS AND THOMPSON, MICHAEL; 80-170733; Public Facilities Fee Agreement/ReleasePlX^-f AGREEMENT BETWEEN DF/VELOPER-OVER'j |»i AND THE CITY OF CARLSBAD FOR frtfe'"' J^ J !* PAYMENT OF A PUBLIC FACILITIES FEE .VlM J;7*•———--— ---- --—.-.--•-...-.- ------ —~ — -- - — -.. • .•-^— - 'j-— — - ...... -..•-•«—.•- y-m-'l* ' . hcUUiiuS SAIi C , u, - ! /.GAL!"v ,...:. -..!..".£: RECORDER THIS AGREEMENT is entered into this 25th day of February . ' f* , ••.-••••-• NO Fee 19 80 , by and between Brooks A. Worthing & Michael W. Thoinps_on _________ __ . _ _ ..... _ ..... , t --..,... ......-,. .... ,---.-- -. .-...• • . -.. ---.-...-.. ' (name of developer-owner) a partnership _ '_ _ , hereinafter referred to as • (Corporation , partnership, etc.) "Developer", whose address is P.O. Box 4310 Kailua, _ , (street) KONA, HAWAII 96740 ' • . op ^"(City , state, zip code) . CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose .address is 1200 Elm Avenue, Carlsbad, California, 92008. « t WITNESSETH: WHEREAS, Developer is the owner of the real property described ( on Exhibit "A", attached hereto and made a part of this agreement, hereinafter referred to as "Property"; and WHEREAS , the Property lies within the boundaries of City; and • - ' WHEREAS, Developer propones a development project as follows: - N/A 755 on said Property, which development carries-the proposed name o£ Parcel Map and is hereafter referred to as "Development"; and WHEREAS, Developer filed on the 29 day of February' r 19_£°_, with the City a request for Tentative Parcel Map approval (Minor Subdivision No. 444) :• (hereinafter referred to as "Request"; and WHEREASr the Public Facilities Element of the City General Plan requires that the City Council find that all public ,facilities necessary to serve a development will be available concurrent with need or such development shall not be approved '(said element is on file with the City Clerk and is incorporated by this reference; and WHEREAS, Developer and City recognize the correctness of •Council Policy No. 17, attached to and made a part of this agreement, and that the City's public facilities and services are at capacity and will not be available to accommodate the additional need for public facilities and. services resulting from the proponed Development; and , WHEREAS, Developer has asked the City to find that public facilities and services will be available to meet the future •>• needs of the Development as it is presently proposed; but the Developer is aware that the*City cannot and will not be able to make any such finding without financial assistance to pay for such'services and facilities; and, therefore, Developer proposes 2. • ~. • ":.' '' , ' . - ' - 756 • . • . . "- ' to help satisfy the General Plan as implemented by Council Policy No. 17 by payment of a public facilities fee. NOW, THEREFORE, in consideration of the recitals and the covenants contained herein, the parties agree as follows t 1. The Developer shall pay to the City a public ' facilities fee in an amount not to exceed 2% of the building permit valuation of the buildings or structures to be constructed in the Development pursuant to the Request. The fee shall be paid prior to the i issuance of building or other construction permits for the develop- ment and shall be based on the valuation at that time. This fee shall be in addition to any fees, dedications or improvements required pursuant to Titles 18, 20 or 21 of the Carlsbad Municipal Code. A credit toward such fee shall be given for land which has • been dedicated for park purposes or for any fees paid in lieu thereof pursuant to Chapter 20.44 of the Carlsbad Municipal Code. Developer shall pay a fee for conversion of existing buildings or •structures into condominiums in an amount not .to exceed 2% of the building permit valuation at the time of conversion. The fee for a 'condominium conversion shall be paid' prior to the issuance of a condominium conversion permit as provided in Chapter 21.47 of the Carlsbad Municipal Code. Condominium shall include community apartment or stock cooperative. The terms "other construction t permits", "other cpnotruction permit" and "entitlement for use" as used in this agreement, except in reference to mobilchomc sites or projects, shall not refer t'o grading permits or other permits for the construction of underground or street improvements unless no other permit is necessary prior to the. use or occupancy for which 3. ' ' the development is intended. Developer shall pay to City a public facilities fee in the sum of $1,150 for each mobilehome space to be constructed pursuant to the Request. The fee shall be paid prior to the issuance of building or other construction permits for the development. This fee shall be in addition to any fees, dedications • or improvements required according to TitD.es 18, 20 or 21 of the Carlsbad Municipal Code. A credit toward•such fee shall be given for land Which has been dedicated for park purposes or for any fees paid in lieu thereof pursuant to Chapter 20.44 of the Carlsbad Municipal Code. . • ' - . -^, ~ 2. The Developer may offer to donate a site or sites for •public facilities in lieu of all or part of-the financial obligation * • agreed upon in Paragraph 1 above. If Developer offers to •. . • donate a site or sites for public facilities, the City shall •consider, but is not obligated to accept the offer. The time for •donation and amount of credit against the•fee shall be determined .by City prior to the issuance of any building or other permits. Such determination, when made, shall become a part of this agree- ment. Sites donated under this paragraph shall not include improvements * jroguirod pursuant to Titles 10 or 20 of the Carlsbad Municipal Code* . • . . * i 3. This agreement and the fee paid pursuant hereto are required to ensurc'the consistency of the Development with the City's General Plan. If the foe is not paid as provided herein, % the City will not l^avc the funds to provide public facilities and Dorvicon, and the Development will not be conointcnt with the General Plan and any approval or permit for the Development shall 4. ' 758 : bo void. No building or other construction permit or entitlement for use shall be issued until the public facilities fee required by thin agreement is paid. . 4. City agrees to deposit the fees paid pursuant to this agreement in a public facilities fund for the financing of public facilities when the City Council determines the need exists to provide the facilities and sufficient funds from the payment of this and similar public facilities fees are available. 5. City agrees to provide upon request reasonable assurances to enable Developer to compXy -with any requirements of other public agencies as evidence of adequate public facilities and services sufficient to accommodate the needs of the1 Development herein described. ' _ 6. All obligations hereunder shall terminate in the event the Requests made by Developer are not approved. , 7. Any notice from one party to the other shall be in writing, and shall be dated and signed by the party giving such n'otice or by a dxily authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in one of the following manners: 7.1 If notice is given to the City, by personal delivery thereof to the City_^ or by depositing came- in the United States Mail, addressed to the City at the address set forth herein, enclosed in a scaled envelope, addressed to the City for attention of the City Manager, postage prepaid and certified, 7.2 If notice ir> given to Developer by personal delivery thereof to Developer or by dcponiting the same in the United States 5, o 759 • • • >5ail, enclosed in a scaled envelope, addressed to Developer at the address as may have been designated, postage prepaid and certified. 8. This agreement shall be binding upon and shall inure to the benefit of, and shall apply to, : the respective successors and assigns of Developer and the City, and references to Developer or City herein shall be deemed to be reference to and include their respective successors and assigns without specific mention of such successors and assigns. If Developer should cease to have any interest in the Property, all obligations of Developer hereunder shall' terminate; provided, however, that any successor of Developer's interest in the Property shall have first assumed in writing the Developer's obligations hereunder. 9. This agreement shall be .recorded but shall not create '• a lien or security interest on the Property. VJhen the obligations of this agreement have been satisfied, City shall record a release. /// /// 6, w 760 IN WITNESS WHEREOF,.this agreement is executed in San Diego County/ California as of the date first written above, DEVKLOPER-OV7NER:CITY OF-CARLSBAD, a municipal corporation of the State of California . • Brooks A. Worthing, Michael W. Thompson '(Name)' By^rVVAc^a^JO UA Partner/Developer (TitleJ By Partner/Develdper (Title) City Manager L. RAUTESKIl?\NZ,I City Tfttorney (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) * 7. STATE OP CALIFORNIA COUNTY OF On £>/^ /<J ^ before me, the undersigned, a/Notary Public in and for saidf state, persontilly/^ppea'red /?^c-/t^*-^-^ /// ^/ttfytL4%2f/7ii _ known/to me to be the ^wfcJ&r^tfr " - /^~—- ^ of known to ipe to be the person who executedI/the within instrument on behalf of said public corporation, agency or political subdivision, and acknowledged to me that such public corporation, agency, or political subdivision executed the same. WITNESS my hand an^ officil seal. -/'" •Ki- Signature ^ &^tf pi C-oyy\yi/v Name (Typed or Printed) i i SEAL 762 EXHIBIT "A" LEGAL DESCRIPTION All that portion of Tract 242 of Thum Lands, in the County of San Diego, State of California, according to Map thereof No. 1681, filed in the Office of the County Recorder of said San Diego County, December 9, 1915. This parcel is shown as parcel 3 on the City of Carlsbad Adjustment Plat No. 152. J. N. 4974 DKMrgh 2-18-80 BRIAN SMITH ENGINEERS, INC. ; 763••; , * . CI',, <, OF CARLSBAD COUNCIL POLICY STATEMENT General Subject: Requirements Necessary to satisfy the Public Specific Subject: Facilities Element of the General Plan ...Page 1 of 4 Pwiicy No. 17 Date Issued 8-29-79 Effective Date 8-29-79 Cancellation Date Supersedes No.17 issued. 9-6-78 Copies to: City Council, City Manciger, City Attorney, Department and Division Heads, Employee Bulletin Boards, Press, File BACKGROUND: ' . . . . .., , I.! - . ' f The Public Facilities Element of the General Plan requires that before giving approval to zoning, rezoning, development or redevelopment proposals, the public health and safety and the general welfare of the community and all its citizens require that the proponent of any such actions shall present evidence satisfactory to the City Council that all necessary services and facilities will be available concurrent with need. ; For those services and facilities provided by another entity, the Council has and will continue to be guided by a letter of availability from such entity. For those services provided by the City, the Council has previously\relied on a report of availability from the City Staff. On July 3, 1979 the City Manager reported that in the future such services and facilities could not be made available to new development from the City'.s resources. PURPOSE: 1. To establish a policy regarding the requirements which must be met before the City Council will find that the Public Facilities Element has been satisfied. 2. To establish a policy that will allow development to proceed in an orderly manner while insuring that the requirements of the Public Facilities Element will be satisfied by establishing a fee to fund the cost of City-provided facilities, including but not limited to: Parks, major streets, traffic signals, storm drains, bridges and public buildings such as fire stations, police facilities, maintenance yards, libraries and general offices which wilL insure they will be available concurrent with need. . POLICY; 1. In determining whether or not service provided by another entity will be available concurrent with need in connection with a development, the Council, in the absence of evidence to the contrary, shall be guided by a letter of availability from that entity, provided, however, developments which are required to dedicate.land or pay fees for school facilities pursuant to Chapter 21.55 of the Carlsbad Municipal Code, shall be deemed to have satisfied the Public Facilities Element in regard to schools for that development without the necessity for an availability letter. ••.'-'/'""• - CIV,, OF CARLSBAD COUNCIL POLICY STATEMENT General Subject: Requirements Necessary to satisfy the Public Specific Subject: Facilities Element of the General Plan '"SPage 2 of 4 D-wlicy No. 17 Date Issued 8-29-79 Effective Date 8-29-79 Cancellation Date Supersedes No.17 issued 9-6-78 Copies to: City Council, City Manager, City Attorney, Department and Division Heads, Employee Bulletin Boards, Press, File 2. The City Council finds that the'report'entitled, "A Public Facilities Fee for the City of Carlsbad", dated July 3, 1979, accurately reflects the City's need for and lack of ability to provide public facilities and services to new development and it is hereby approved. The Council also finds that the continued development of the City, with the consequent increase in population and in the use of public facilities, will impose increased requirements for such facilities, including but not limited to parks, major streets, traffic signals, storm drains, bridges and public buildings, such as fire stations police facilities, maintenance facilities, libraries and general offices. The necessity for such facilities results directly from new construction and the need cannot be met from ordinary City revenues. The most practical and equitable method of paying for such facilities is to impose a fee upon new development in .the City. Payment of such a fee will enable the City to fund a construction program to provide public .facilities. If a development agrees to pay the public facilities fee established by this policy, the Council will be able to find that all necessary public facilities and services will be available concurrent with-need and that the requirements of the Public Facilities Element have been met. If that finding cannot be made, the City Council will be required to disapprove the development. 3. Prior to approval of any zoning, rezoning, development or redevelopment proposal, the applicant shall pay or agree to pay a public facilities fee in the amount of 2% of the building permit valuation of the buildings or structures or $1,150 'for each mobilehome space to be constructed pursuant to such approval. The fee shall .be paid prior to issuance of building or other permits and shall be based on the valuation at that time. 4. A credit toward the fee impose'd by this policy shall be given for land which has been dedicated for park purposes or for any fees paid in lieu thereof pursuant to Chapter 20.44 of the Carlsbad, Municipal Code. 5. All proceeds from the fee collected pursuant to this policy shall be paid into a special capital outlay fund of the City entitled, "Public Facilities Fund". The fund shall be used only for the purpose of acquiring, building, improving, expanding and equipping public property, and public improvements and facilities including but not limited to the following types of capital projects: Public buildings (such as fire stations, police facilities, maintenance and yard facilities, libraries and general city offices) parks, major streets, -'. -' J . General Specific 765 ' CI1» * OF CARLSBAD COUNCIL POLICY STATEMENT Subject: Subject Requirements Necessary to satisfy the Public : Facilities Element of the General Plan „ ,JPage 3 of 4 Ptsiicy No. 17 Date Issued 8-29-79 Effective Date 8-29-79 Cancellation Date Supersedes No. 17 issued 9-6-78 ' Copies to: City Council, City Manager, City Attorney, Department and Division Heads, Employee Bulletin Boards, Press, File traffic signals, storm drains, bridges and other'similar projects as the Council may deem necessary and appropriate. Designation of expenditures of funds available from the fund shall be made by the City Council in the context of approval of the City's annual operating and capital improvements budget or at such other time as the Council may direct. 6. The following exceptions from payment of the fee shall apply: (a) The construction of a building or structure or mobilehome space which is a replacement for a building or space being removed from the same lot or parcel of land. The exception shall equal but not exceed the fee which would be payable hereunder if the building being replaced werex-being newly constructed. If the fee imposed on the new building exceeds the amount of this exception, such excess shall be paid. - (b) Accessory buildings or structures in mobilehome parks, such as a club house, swimming pool, or laundry facilities. (c) Buildings or structures which are clearly accessory to an existing use such as fences, pools, patios and automobile garages. - (d) The City Council may grant an exception for a low cost housing project where the City Council finds such project consistent with the Housing Element of the General Plan and that such exception is necessary. In approving an exception for low cost housing the 'City Council may attach conditions, including limitations on rent or income levels of tenants. If the City Council finds a project is not being operated as a low cost housing project in accordance with 'all applicable conditions, the fee, which would otherwise be imposed by this chapter, shall immediately become due and .payable. 7. There is excluded from the fee imposed by this policy: (a) Any person when imposition of such fee upon that person would be in violation of the Constitution and laws of the United States or the State of California. (b) The construction of any building by a nonprofit corporation exclusively for religious, educational, hospital or charitable purposes. , OF CARLSBAD COUNCIL POLICY STATEMENT General Subject: - Requirements Necessary to satisfy the Public Specific Subject: Facilities Element of the General Plan ,-4>age 4 of 4 Wlicy No. 17 Date Issued 8-29-79 Effective Date 8-29-79 Cancellation Date Supersedes No. 17 j 9-6-78 Copies to: City Council, City Manager, City Attorney, Department and Division Heads, Employee Bulletin Boards, Press, File (c) The construction of any building by the City of Carlsbad, the United States or any department or agency thereof or by the State of California or any department, agency or political subdivision thereof. 8. The City Manager shall be responsible for the administration and enforcement of this policy. His decisions may be appealed to the City Council whose" decision shall be final.